Keith Miller v. HHS - Influenza, Devic’s Disease (also known as neuromyelitis optica, or NMO) (2023)
Case summary [AI summaries can sometimes make mistakes]
On September 26, 2018, Keith Miller, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program. The petition was later amended to reflect Edna Charmaine Hearns as the administrator ad litem of Mr.
Miller's estate. Mr.
Miller alleged that he received a quadrivalent influenza vaccine on October 2, 2015, which substantially aggravated his Devic's Disease, also known as neuromyelitis optica (NMO), and led to his death. The respondent denied that the vaccine caused or significantly aggravated Mr.
Miller's condition or caused his death. The parties reached a joint stipulation to settle the case, which was filed on May 24, 2023.
Special Master Mindy Michaels Roth adopted the stipulation. The settlement included a lump sum payment of $500,000.00 payable to Edna Charmaine Hearns as administrator ad litem of Mr.
Miller's estate. Additionally, a lump sum of $463,033.69 was awarded to reimburse a State of Tennessee (Amerigroup Community Care) Medicaid lien, payable jointly to Ms.
Hearns and Optum Subrogation Services. The case was settled as a Table claim, as NMO is listed on the Vaccine Injury Table.
The decision was issued on June 20, 2023. Petitioner counsel was Robert D.
Cobb, Jr., Esq., and respondent counsel was Voris E. Johnson, Esq.
The public decision does not describe the onset of symptoms, specific clinical details of Mr. Miller's condition, diagnostic tests, or treatments.
The specific mechanism of causation was not detailed in the public decision, but the case was settled as a Table claim.
Theory of causation
Petitioner alleged that an influenza vaccine administered on October 2, 2015, substantially aggravated Keith Miller's Devic's Disease (neuromyelitis optica or NMO) and led to his death. Respondent denied causation. The case was settled via joint stipulation as a Table claim, as NMO is listed on the Vaccine Injury Table. The stipulation was adopted by Special Master Mindy Michaels Roth on June 20, 2023. The settlement award totaled $963,033.69, comprising a $500,000.00 lump sum to the estate and $463,033.69 to reimburse a Medicaid lien. Petitioner counsel was Robert D. Cobb, Jr., Esq., and respondent counsel was Voris E. Johnson, Esq. The public decision does not detail specific medical experts, clinical findings, or the precise mechanism of injury beyond its classification as a Table claim.
Source PDFs
USCOURTS-cofc-1_18-vv-01487